(1) Existing law prohibits various ingredients in consumer products for the protection of the health of Californians, including, among others, perfluoroalkyl and polyfluoroalkyl substances in juvenile products, textile articles, and food packaging, and intentionally added Di(2-ethylhexyl) phthalate in intravenous solution containers, as specified.

This bill would, on and after January 1, 2028, prohibit a person, as defined, from manufacturing, selling, delivering, distributing, or offering for sale, into commerce in this state consumer body wash and hand soap, as those terms are defined, that contains a prohibited ingredient, which includes substances such as benzalkonium chloride, among others. The bill would not apply to products intended for use in health care facilities. The bill would require, on or before July 1, 2028, a manufacturer of hand soap or body wash to register with the Department of Toxic Substances Control and provide, among other things, a registration charge and a statement of compliance with the prohibition. Upon request by the department, the bill would require a manufacturer to provide technical documentation to demonstrate compliance with the prohibition, as specified.

This bill would, on or before January 1, 2028, require the department to adopt regulations to implement, interpret, enforce, or make specific the above provisions. The bill would require the department to specify by regulation the manner of registering and the amount of the registration charge.

This bill would require the department to issue a notice of violation to a person in violation of the prohibition, as specified. The bill would make a violation of these provisions punishable by an administrative or civil penalty of not less than $10,000, as specified. The bill would authorize the Attorney General, on behalf of the department or the people of the state, to bring an action in superior court to obtain an order restraining a person from violating any of these provisions, as specified. The bill would require penalties collected to be deposited in the Safer Soap Act Fund, which the bill would create in the State Treasury, as provided.

The bill would provide that the department’s duties to initiate, implement, or enforce any of these requirements are contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing these requirements.